School 'expecting to exclude DS at start of term'

[SunshineHQ]

Just that really.

We (me and ExH) were told that at a meeting with the Head and Children's Services at the end of term.

DS has Aspergers, ADHD and Generalised Anxiety. Anxiety is steadily getting worse despite all interventions that have been tried. He has had 1to1 support for last 3 terms.

The school had specifically sought legal advice over their options. Is this because DS10 is an unusual case?

Should I be planning to fight it? What in principle should I expect an Exclusion to mean?

If it could help his progression to a specialist Aspergers School, it might be good news.

But I have an awful feeling that he is just being 'let go' by all the agencies working with him. CAMHS have pulled out. His hospital ADHD provision is about to close. Children's Services are arguing he no longer needs to be under Child Protection.

Does anyone out there have experience of Exclusion - particularly when it is linked to a mental health condition (the Anxiety is the biggest issue).

Thanks

Maybe Dad wants the child benefit/tax credits without thinking it through about what is best for DS. Hope it works out for the best sunshine. Agree with what sunshine said that it is awful how an exclusion may be for the best. I hope he is having a nice summer away from it all.

If it's draft you will have a named person at LA. Do not wait for start of term. Call them and advise he is at risk of permanent exclusion.
Also call your exclusion team and seek advice.

Are school trying to help by escalating this with exclusion to get the LA to organise the specialist placement with more urgency? If the school isn't the right place for him then as alarming as exclusion sounds, this may help open better doors. So sorry you're going through this

I agree, as others have said. It's just a really rubbish system that a) we have to fail as a school in meeting a child's needs and b) the child has to be excluded - with all the negative connotations that brings - before other resources kick in. It's so unfair.

So sorry he's had such a tough time, and you and dd too

SOSSEN or IPSEA are usually good sources of advice, but I would be asking your LA rep to intervene before exclusion. Them waiting for an inevitable exclusion is just cruel and wasting time.

So just to ask a really basic question - what are they expecting him to do to be excluded?

They can't just exclude him, it has to be a breach of their behaviour policy. So what are they anticipating him doing and what steps are they taking to avoid this?

If you had a draft EHCP the LA should have given you 15 days to name a preferred school and issued a Final within about four weeks of that (20 weeks after your application in total). Then you have a right of appeal. They can't just not issue.

I agree with others that the exclusion might be what is necessary to evidence that they cannot meet his needs.

How do you feel about the support offered by school. Do you think they're doing all they can?

What are the behaviours that he is showing/that might lead to an exclusion?

If you had a draft EHCP back in May, it's highly likely that the LA has gone a long way past the statutory deadlines: they should have completed it within 20 weeks of when they received the original request for assessment. The fact that they can't make up their minds to spend the money required to meet your child's needs is not a valid excuse for failing to meet the deadlines.

Does the EHCP acknowledge that he needs to be in a special school? For instance, does it require him to be in small classes with specialist teachers?

I would suggest that you contact the LA urgently pointing out that they are way past the deadlines, your child is highly likely to be out of education as from the beginning of next term, and that you are now requiring them to finalise the EHCP naming a school that is able to meet his needs. Tell them that if they don't do this you will have to take judicial review proceedings to enforce your son's entitlement to provision for his needs.

What is the reason for the exclusion? Is it to be a fixed or permanent exclusion? Has he had any previous exclusions...I'm assuming not if you don't know the process. If not it's likely to be a fixed exclusion i.e.1-5 days where they must provide work for him to do. If more than 5 days then the School have to find alternative provision which is usually at a pru. If a permanent exclusion the LA must find alternative provision by the 6th day. The school should provide you with a written reason for exclusion , how long it will last and the terms of the exclusion. This will be reported to the LA. You will therefore have some written evidence for future.

Him being excluded will definitely help you.

My son was recently called a retard (amongst other things) by a teacher, in front of the class - he has Aspergers and a few other things - due to that the L.A. has finally agreed mainstream isn't the right setting (I've been telling them this for 3 years). It is a shame that it takes these extreme events for things to change but thats the way it is.

I think you need to know exactly what evidence is needed for the LA to agree to the school you want. Is an exclusion sufficient evidence? Or do they need more?

A school must exclude legally. They cannot do it before term starts! As others have explained there is a legal process to go through and this must happen. If you can agree with the LA regarding the new school in the next few weeks, I would do it. Then he wouldn't have to go back to the school threatening exclusion. I would try and negotiate asap and I would be flexible over new school to save the angst of an exclusion and no school because a pru is not the best solution. It's the "solution" of last resort.

Unless I've read wrong, it doesn't sound like a permanent exclusion so a pru isn't a likely next step. It sounds like they're saying if the previous behaviour continues, then this may need to be their next step. It sounds like so far they've tried to avoid it? Clarification definitely needed through.

Perhaps this school isn't the best environment for your ds!

alittlepiece, if you read OP's posts, you will discover that you aren't telling her anything new.

Your son has anxiety, etc is it a wonder when you said his dad used to kick him and hit him when he was younger. Ffs he's only 10 now. As my dad used to say there are no bad children only bad parents. I am appalled and think your husband deserves to be in the nick then perhaps you son won't be so anxious. And yeah I am judging.

OP try posting in SN chat as well. Those ladies have been through most things and there is a wealth of information there.

chestervase who exactly are you judging?

op can you ask for a managed move to the specialist school?

Chestervase, I totally agree with you that it is no wonder he is anxious.

However, no Professional body involved with DS will stick their neck out and confirm this is the case, or offer evidence on this for Court.

There were 3 months of no contact at all, followed by almost a year of supervised contact only. But then it rapidly escalated to multiple unsupervised overnight stays.

I have spent £50k+ on legal costs, and am now having to self-represent, as I have run out of funds.

If any physical abuse was ongoing, that would be different, but with that having stopped, no-one will support the wider picture of emotional harm.

Ayala, they were trying to arrange a managed move, but I think the school don't even think they can cope with a further half term.

I think the problem is that they can't cope with the final step up in anxiety seen in the last two weeks of term. DS was so distressed. Contact had increased (and will increase further in September), and DS had run away (needing 2 staff members to find him) on two of the three transfers to his dad that took place in that last fortnight.

DS was reported as being so distressed, that staff could not approach him, let alone communicate with him to try and resolve things. His behaviour is disrupting the school, and scaring younger children. He is not managing at all to be in the classroom, even with his one2one. He does eventually calm down and agree to go with his father each time, so they are unable to state that it is definitely linked to the contact.

Veto, I will check on the EHCP dates.

It does not need to be a managed move. The LA SEN need to consult with schools. The schools confirm if they can meet his needs.
You need to phone your SEN department. Call every few days. Get an email address and request updates. You need to keep on at the LA, request the managers details of your personal officer from SEN. Please do not wait until the start of term.

Sunshine - that just seems so unfair and infuriating. Surely the social worker or school or something can see this and fight for it?